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Criminal Trespass

Criminal Trespass Lawyer Defending False Charges for Over 26 Years

James Dimeas is a highly-experienced Criminal Trespass attorney who has been successfully handling Criminal Trespass cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over-29 years.

Criminal Trespass is a serious crime in Illinois. Criminal Trespass carries a potential jail sentence along with the potential for substantial fines and other monetary penalties. In addition, a conviction for Criminal Trespass will be on your criminal record which could affect your ability to get a job and pass a basic background search. Criminal Trespass is one of those crimes that have a variety of defenses available to it. If you are being charged with Criminal Trespass, it is critical that you hire a lawyer that is experienced handling Criminal Trespass cases and understands the law and the various defenses available to you.

Effective and Successful Defense of Criminal Trespass Charges by a Highly-Experienced Lawyer

James Dimeas has extensive experience successfully handling Criminal Trespass cases throughout the Chicago metropolitan area. James Dimeas is a nationally-recognized, award-winning local criminal defense attorney who has been handling Criminal Trespass cases throughout all of the criminal courthouses and courtrooms in the Chicago area for decades. James Dimeas has a long history of successfully defending clients charged with Criminal Trespass and has developed proven legal defense strategies that have faced the test of time and provided successful results in Criminal Trespass criminal cases.

What is Criminal Trespass?

Criminal Trespass in Illinois can be found at 720 ILCS 5/21-3. Under Illinois law, there’s several ways you can be charged with Criminal Trespass. Here’s what the statute defines as Criminal Trespass:

  • When you knowingly enter or remain in a building;
  • When you enter someone else’s land after having received notice from the owner or the occupant that entry is forbidden;
  • When you remain on the property after you receive notice that you have to leave;
  • When you lie to someone to get permission to enter or remain on the property;
  • Entering farm land with a motor vehicle after being notified that entry is forbidden.
Notice: An Essential Element to the Crime of Criminal Trespass

In order to be guilty of a Criminal Trespass, the prosecutor must prove that you were on notice. The prosecutor must prove that you were notified that entry to the property is forbidden. There are several ways that you can be considered to be on notice. You could be on notice if you were told that entry is forbidden. You could be guilty of a criminal trespass if you had been given written notice that entry is forbidden. You could be guilty of a criminal trespass if the owner or occupant of the building had posted signs warning that entry is forbidden. The signs have to be clearly posted and exhibited at the entrance and clearly state that entry is forbidden for you to be considered to be on notice.

Typical Criminal Trespass Cases

James Dimeas has successfully handled countless Criminal Trespass cases throughout all of the criminal courthouses throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. James Dimeas has handled almost every type of Criminal Trespass cases case possible. The typical Criminal Trespass case involves certain common situations.

A common Criminal Trespass case involves a case in which a property owner has posted signs warning that entry is forbidden. When someone enters the property, and signs have been clearly posted that entry is forbidden, this could result in an arrest and the filing of Criminal Trespass charges. Another example of a Criminal Trespass case involves a situation in which a customer at a store, restaurant, or a bar is told by an employee, bouncer, or owner, to leave and the customer refuses to leave the property. An example of that would be when a bouncer tells you to leave the bar and you refused to do so. Another example of a Criminal Trespass case arises out of a Retail Theft. It is common in a Shoplifting case for a store employee or representative, like store security, to hand someone who has been caught Shoplifting a piece of paper with written notice, informing them that they are no longer welcome at the store and cannot come back. Many times, people charged with a Retail Theft are made to sign this document acknowledging that they received notice prior to being taken down to the police station and being charged with Shoplifting. This could even happen when you are issued a Municipal Violation for Shoplifting and not arrested by the police. If you are caught entering the store after receiving this notice, you could be arrested and charged with Criminal Trespass. This could happen even if you were never charged with Shoplifting to begin with.

Defenses to Criminal Trespass

Criminal Trespass attorney, James Dimeas, has been able to use his extensive experience in handling Criminal Trespass cases to develop several unique defense strategies which have been proven to be successful in defending Criminal Trespass charges. Those defenses include:

1.Open to Public - If you reasonably believe that the building was open to the public and you entered the building in good faith believing this, then you cannot be guilty of a Criminal Trespass. This of course does not apply to situations in which you have been given personal notice that you are not allowed to go back onto that property.

2.Residents - You cannot be charged with a Criminal Trespass if you legally live on the property. If you live on the property the owner must take appropriate legal action to have you removed from the property. An example would be if you rent an apartment in a building and you do not pay rent. The owner of the building cannot merely hand you a notice that you cannot be on the property. The owner of the property must file a legal action in Court to have you evicted by the Sheriff.

3.Improve an Abandoned Building - If you enter a building that has been abandoned for at least a year and the property taxes have not been paid for at least a year, and you try to clean up or beautify the building, you cannot be guilty of a Criminal Trespass. An example would be if your neighbor abandons their house or their land and you go on the land to clean it up and remove garbage and you can prove that the neighbor abandoned the building more than a year ago.

4.Emergency Purposes - You cannot be guilty of a Criminal Trespass if there is a danger of damage or destruction, or if you are in imminent danger. An example would be if a building was on fire and you ran into the building to rescue a person. If this happens you will not be guilty of a Criminal Trespass.

What Are the Penalties for Criminal Trespass?

Most Criminal Trespass cases are a Class B misdemeanor. A Class B misdemeanor carries a possible six-month jail sentence and a fine up to $1,500. If you enter or remain on a farm with a motor vehicle, such as a moped, motorcycle, or other two wheeled vehicle, you may be charged with a Class A misdemeanor. A Class A misdemeanor carries a possible jail sentence of up to one year and a fine up to $2,500. In addition to these criminal penalties, you may also be facing a civil penalty for any damages to the property along with the court costs and fees incurred by the owner of the property.

Award-Winning Criminal Trespass Lawyer for Successful Representation

James Dimeas is a nationally-recognized, award-winning Criminal Trespass attorney. Criminal Trespass lawyer, James Dimeas, has been successfully handling Criminal Trespass cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over-29 years. Criminal Trespass attorney. James Dimeas was named as a "10 Best Attorney for Client Satisfaction" by the American Institute of Criminal Law Attorneys. Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the "Top 10 DUI Defense Attorney" award. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." The National Trial Lawyers recognized James Dimeas as a "Top 100 Criminal Defense Trial Lawyer." James Dimeas was named a "Best Criminal Defense Lawyer in Chicago" by Expertise and a "Best DUI Attorney." Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018, 2019, and 2020." James Dimeas is rated "Superb," 10 out of 10, by AVVO, the highest rating possible for any Criminal Trespass lawyer in the United States.

If you are being charged with Criminal Trespass, you can contact Criminal Trespass lawyer, James Dimeas, anytime for a free and confidential consultation. You can talk directly to James Dimeas personally by calling him anytime at 847-807-7405.

Client Reviews
I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests. E.A.
Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.